WILMINGTON, Del. — Xcoal Energy & Resources has still not received a $1.9 million judgment from coal companies owned by the family of Gov. Jim Justice.
A teleconference was held on June 2 between the parties, according to court documents in U.S. District Court for the District of Delaware for the 2018 lawsuit between Xcoal, Bluestone Energy Sales Corp., Southern Coal Corp. and Justice.
During the June 2 teleconference, attorney Daniel Garfinkel, an attorney for Xcoal, told District Judge Leonard Stark that while Xcoal has demanded the judgment, it still has not been paid.
In 2021, Stark ruled that the defendants owed about $6.8 million to Xcoal, but that later was increased to more than $10 million. A surety bond paid $8.1 million of the judgment, but the $1.9 million is still owed.
John Sensing, who represents Justice, told the judge that Justice wanted to postpone until discovery responses from Southern Coal and Bluestone were completed.
Xcoal sued the defendants in 2018, alleging they failed to fulfill an agreement to deliver hundreds of thousands of tons of coal for shipment overseas.
Last month, Xcoal sent a letter to Stark regarding the case by attorney Geoffrey G. Grivner of Buchanan Ingersoll & Rooney in Wilmington.
"Despite demand, Defendants did not issue payment in connection with the judgments," the letter stated. "As a result, Xcoal demanded payment from the Federal Insurance Company pursuant to a Supersedeas Bond (D.I. 189-2) obtained by Defendants in connection with Defendants’ appeal of this Court’s ruling."
Xcoal then collected $8,176,927.00 of the total judgment amount of $10,094,149.32, which was provided by the Federal Insurance Company pursuant to the Supersedeas Bond and was the maximum penal sum collectible under the terms of the bond.
"The balance of the total judgment due is $1,917,222.32, plus post-judgment interest," the letter states. "Defendants have not indicated that payment of this amount is forthcoming. Xcoal has stated its intention to execute against Defendants as to this amount, and on March 22, 2023, served Defendants with Interrogatories and Requests for the Production of Documents in Aid of Execution."
U.S. District Court for the District of Delaware case number: 1:18-cv-00819